Minutes

Metropolitan Council Meeting
Tuesday, May 5, 2009

The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Pastor John Jno-Finn of Faith, Hope and Love Fellowship Church.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Stanley (1).

The Minutes of the regular meeting of April 21, 2009, were approved.

- ELECTIONS AND CONFIRMATIONS -

Electrical Examiners and Appeals Board
Appointment of Mr. Don Wolfe for a term expiring April 15, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Emergency Communications District Board
Appointment of Mr. Jim Graves for a term expiring February 14, 2013. Mr. Graves will represent School District 3. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Susan Mattson for a term expiring February 14, 2013. Ms. Mattson will represent School District 8. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Farmers Market Board
Reappointment of Ms. Kay West for a term expiring December 19, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Parks and Recreation
Appointment of Mr. George Anderson for a term expiring April 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Planning Commission
Reappointment of Mr. Stewart Clifton for a term expiring March 31, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council with Mr. Cole abstaining.

Reappointment of Mr. Jim McLean for a term expiring March 31, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Plumbing Examiners and Appeals Board
Appointment of Mr. Graham Reed for a term expiring March 10, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Property Standards and Appeals Board
Appointment of Ms. Anna Shepherd for a term expiring August 6, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Social Services Commission
Reappointment of Bishop George Price for a term expiring April 3, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Solid Waste Regional Board
Reappointment of Ms. Gail Hughes for a term expiring December 15, 2014. At the request of the nominee the confirmation was deferred.

Traffic and Parking Commission
Reappointment of Ms. Debbie Frank for a term expiring April 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt vending activity along Cleveland Street (Proposal No. 2008Z-088T). Ms. Murray moved to defer the bill to the July public hearing, which motion was seconded. Ms. Bennett moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. Ms. Murray moved to moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to IWD zoning property located at 1216 Dickerson Pike, approximately 830 feet east of W. Campbell Road (1.84 acres), all of which is described herein (Proposal No. 2008Z-093G-02). The bill was disapproved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Timothy & Shelley Tinnin, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning property located at 2007 Lombardy Avenue, approximately 260 feet east of Hillsboro Pike (0.67 acres), to permit the development of eight units, all of which is described herein (Proposal No. 2008SP-029U-10). The bill was approved by the Planning Commission. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on second reading as amended, and defer the bill to the second meeting in June, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to CF zoning for properties located at 607 and 612 10th Avenue North (6.66 acres), on the north side of Jo Johnston Avenue, all of which is described herein (Proposal No. 2009Z-002PR-001). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 17.16 of the Metropolitan Code, Zoning Regulations, to modify the land use development standards for "mobile vendor" as a use, all of which is more specifically described herein (Proposal No. 2009Z-002TX-001). Ms. Murray moved to defer the bill to the July public hearing, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt occasional fundraising activity by nonprofit organizations (Proposal No. 2009Z-005TX-001). The bill was approved by the Planning Commission. Mr. Claiborne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS40 to AR2a zoning for properties located at 7978 and 7984 Highway 100, approximately 700 feet east of Temple Road (6.97 acres), all of which is described herein (Proposal No. 2009Z-011PR-001). The bill was approved by the Planning Commission. Mr. Mitchell requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RM20 zoning for property located at 1817 Jo Johnston Avenue, approximately 430 feet west of Dr. D.B. Todd, Jr. Boulevard (0.13 acres), all of which is described herein (Proposal No. 2009Z-016PR-001). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to AR2a zoning for properties located at 4370 and 4412 Brick Church Pike and Brick Church Pike (unnumbered), at the southwest corner of Brick Church Pike and Jackson Road (84.51 acres), all of which is described herein (Proposal No. 2009Z-012PR-001). The bill was approved by the Planning Commission. Mr. Hunt requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUN zoning for properties located within the Phillips-Jackson Street Redevelopment District and Germantown Historic Preservation District at 312 Madison Street, 1200, 1208, 1210, 1214, 1216, and 1218 4th Avenue North, at the northeast corner of 4th Avenue North and Madison Street (1.38 acres), all of which is described herein (Proposal No. 2009Z-009PR-001). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from MUL to MUI zoning for properties located within the Hillsboro Village Urban Design Overlay at 1501, 1505, and 1507 21st Avenue South, at the southwest corner of 21st Avenue South and Pierce Avenue (1.27 acres), all of which is described herein (Proposal No. 2009Z-013PR-001). The bill was approved by the Planning Commission. Ms. Barry requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R80 to AR2a zoning for a portion of properties located at 7554 and 7578 Buffalo Road and Buffalo Road (unnumbered), approximately 2,800 feet north of Highway 70 (8.27 acres), all of which is described herein (Proposal No. 2009Z-020PR-001). Mr. Mitchell requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CF to SP zoning for property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair and all other uses permitted in the CF zoning district, all of which is described herein (Proposal No. 2009SP-004-001). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to RM15 zoning for property located within the Greenwood Neighborhood Conservation Overlay at 837 Cleveland Street, approximately 115 feet west of McFerrin Avenue (0.28 acres), all of which is described herein (Proposal No. 2009Z-010PR-001). The bill was approved by the Planning Commission. Due to insufficient notice, the bill was deferred to the July public hearing.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS40 zoning along Ensworth Place and from R40 to RS40 zoning along Ensworth Avenue which is also located in the Woodlawn West Neighborhood Conservation Overlay District (48.34 acres), all of which is described herein (Proposal No. 2009Z-021PR-001). Mr. Holleman moved to defer the bill to the July public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-431

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS zoning for property located at 4801 Big Horn Drive, at the southeast corner of Big Horn Drive and Shshone Drive (0.38 acres), all of which is described herein (Proposal No. 2009Z-019PR-001). The bill was disapproved by the Planning Commission. Mr. Jernigan requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Jernigan offered a substitute bill and moved that it be accepted for filing and no objection was made.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to ON zoning for property located at 4801 Big Horn Drive, at the southeast corner of Big Horn Drive and Shshone Drive (0.38 acres), all of which is described herein (Proposal No. 2009Z-019PR-001). Mr. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Mr. Baker abstaining.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2009Z-004TX-001). The bill was approved by the Planning Commission. Mr. Dominy requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading and defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

A resolution recognizing and congratulating Nicole Rivers on being chosen the Metropolitan Nashville Public Schools 2009-2010 “Teacher of the Year” representative from Lakeview Elementary Design Center.

An ordinance amending Chapter 10.64 of the Metropolitan Code to amend the 2006 National Fire Protection Association Uniform Fire Code, 2006 Life Safety Code and miscellaneous NFPA Codes and Standards. Mr. Ryman moved to pass the bill on first reading and refer the bill to thee Codes, Fair and Farmers Market Committee, which motion was seconded and a adopted by a voice vote of the Council, with Mr. Hodge abstaining.

An ordinance amending Section 2.100.030 of the Metropolitan Code pertaining to the jurisdiction of the Transportation Licensing Commission to regulate certain activity within the area of the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6849, with the State of Tennessee, Department of Transportation, Project No. 19010-2153-44, to construct 101260.00, Interstate Improvement & SR-12 (8th Avenue) in Nashville, located in Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 09-SG-0008, Holt Road (Proposal No. 2009M-019ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 2109 Christina Court, 2001 Rachael’s Spring Road, 2133 Christina Court, 2149 Christina Court, 309 Rachael’s Meadow Court, 2423 Pennington Bend Road, and 3813 Leona Pass. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in a public project described in the plans for 245, 247, 249, 251, and 253 Lovell Street. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 100 Athens Way, and 2136 Utopia Avenue. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring an easement for use in a public project described in the plans for 241 Haynes Park Drive, Proposal No. 2008M-160U-3. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance abandoning a 10 foot public drainage easement and a 35 foot public drainage easement that will be replaced by a variable width easement as shown on the attached exhibit in connection to Project 09-D-0007, Mid-South Development Corporation, shown on Map 070-12, Parcel 014.00, 100 Athens Way and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-007ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement, and 3 manholes in connection Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance abandoning a 10 foot public storm drainage easement and accepting a relocated 15 foot public drainage easement in connection Project 09-D-0003, Utopia Avenue, shown on Map 105-16, Parcel 141.00, 2136 Utopia Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-006ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance abandoning 181 feet of an existing 8 inch sanitary sewer line and easement and accepting 326 feet of relocated 8 inch sanitary sewer line and easement in connection with Project 09-SL-0004, shown on Map 117-10, Parcel 026.00, 3510 Echo Hill Drive Sewer Relocation and authorizing the execution of the documents to carry out said transaction (Proposal No.2009M-032ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

Ms. Gilmore requested suspension of the rules for consideration of a bill on third reading and no objection was made.